The single-judge Bench disposed of a public interest writ petition as withdrawn. This court held that the matter was personal to the petitioner, not a genuine PIL, and noted he was not an affected employee. No opinion on merits was expressed.
Writ petition disposed of as withdrawn with liberty to approach authority for redressal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 17513 of 2012
Bisweswar Mishra
Petitioner
Mr. S. Mishra, Advocate
-versus-
State of Odisha and others
…. Opp. Parties
Mr. T.K. Praharaj, Standing Counsel
CORAM:
JUSTICE M.S. SAHOO
ORDER
Order No.
09.05.2022
“ Sri Biswaswar Mishra, aged about 52 years, S/o- Late Dibakar Mishra, Member,
Education Agency, Silpanchal Mahila Mahavidyalaya (+2), Talcher, At- Brahmin Sashan, P.O.- Talcher Town, Talcher, Dist: Angul”
“ Prayer The petitioner above named, therefore prays that this writ application may kindly be admitted and after hearing parties, appropriate writs may kindly be issued, directing Opposite party Nos.1 to 4 (i) to initiate a fruitful fact finding enquiry/investigation in a time bound manner (ii) to take action as per law, (iii) to take steps to rehabilitate/accommodate the innocent staff of +3 wiong of Silpanchal Mahila Mahavidyalaya, Talcher (who might have joined the institution in good faith, perhaps not being aware of the above forgery/fabrication made by O.P. No.6) so as to protect their service by taking steps to increase the approved strength of seats and opening new subjects in the +2 wing of Silpanchal Mahila Mahavidyalaya, Talcher, as the staff of +3
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wing of the said college are being victimized by Opp. No.6 due to the inaction/tacit support of Opp. Party Nos. 1 to 4 and (iv) further Opp. Party No.5 may kindly be directed to initiate an independent enquiry/investigation to find out the criminal culpability in a time bound manner to bring the culprits to book and (v) all other order/s, direction/s, writ/s as deemed fit and proper may kindly be passed/issued so as to get complete justice.”
%. The petitioner’s prayer to the extent that “…….. to take steps to rehabilitate/accommodate the innocent staff of +3 wing of Silpanchal Mahila Mahavidyalaya, Talcher (who might have joined the institution in good faith, perhaps not being aware of the above forgery/fabrication made by O.P. No.6) so as to protect their service by taking steps to increase the approved strength of seats and opening new subjects in the +2 wing of Silpanchal Mahila Mahavidyalaya” indicates how vague the writ petition has been presented as none of the affected parties are impleaded nor described anywhere in the writ petition.
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the Education Agency (Silpanchal Mahila Mahavidyalaya) but subsequently he is no more a member.
“The petitioner prays that the verification of original documents under Annexure-12, scheduled to be held on dated 01.09.2015 as far as it relates to the college in question, described at Sl. No.31 of the schedule for verification, may kindly be stayed during the pendency of the writ application.”
8. Subsequently, the Division Bench by order dated
07.03.2022 have observed as follows:-
“In considered view of the Court after hearing learned counsel for the petitioner, this petition cannot be treated as a Public Interest Litigation (PIL) since the petitioner is personally involved in this matter in seeking relief for himself.”
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Copy of the order be uploaded.
RJ
(M.S. Sahoo)
Judge
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3 issues framed by the court
Whether the petition, being a personal matter and not a Public Interest Litigation, should be disposed of as withdrawn.
Whether any order regarding the merits of the case needs to be passed.
Whether the petitioner, who is no longer a member of the institution, is personally affected by the impugned order.
Bisweswar Mishra
State of Odisha
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
